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Home My WebLink About08-1136BEWHAUR & CURCILLO Joseph A. Curcillo, III, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney IN 44060 TYLER JAY TRANSUE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : NO. O t - / / 311 Crc.? -r..u.-. LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Tyler Jay Transue, by and through his attorney, Joseph A. Curcillo, Esquire, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Tyler Jay Transue, is a Pennsylvania licensed driver with a residence address of 24 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension by way of letter dated January 30, 2008 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on January 8, 2009 at 12:01 a.m. for a period of one (1) year for a violation of Section 3802(A)(1) of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. Petitioner believes that said license suspension is illegal, invalid, and improper for reasons which include, but are not limited to the following: a. The suspension was applied to his license as a result of an improperly recorded and/or reported conviction. b. Said suspension is otherwise illegal, invalid, and improper pursuant to statutory and case law. Petitioner did not refuse chemical testing; WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Date: 14 0? Esquire Harrisburg,`PA 17109 (717) 651-9100 BEU AUR & CURCILLO Joseph A. Curcillo, III, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney ID# 44060 TYLER JAY TRANSUE V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Joseph A. Curcillo, III, Esquire, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of February, 2008 at the address listed below: George Kabusk, Esquire Office of Chief Counsel PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 By: Tammy L. Kelly BEMAUR & CURCILLO Joseph A. Curcillo, III, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney ID# 44060 TYLER JAY TRANSUE V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. LICENSE SUSPENSION APPEAL VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: iu: al (I MIUL n riun: %wou=i nU1)1i90 ii:u till raw o ur r COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dates JANUARY 30, 2008 TYLER JAY TRANSUE WID D 060236664520250 003 3186 6LEN6REEN DRIVE PROCESSING DATE 01/23/2006 DRIVER LICENSE + 27091662 LANCASTER PA 37603 DATE OF BIRTH 04/20/1985 LICENSE IN BUREAU Dear MR. TRANSUEI This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 3804E21 of the Pennsylvania Vehicle Code. As a result of your 10/23/2007 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 04/12/20071 Your driving privilege is SUSPENDED for a Period of 1 YEAR(S) effective 01/08/2009 at 12101 a.m. This suspension is in addition to any other suspensions al- ready on your record. IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by low to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approx- imately 30 days before your eligibility dote. PROVIDING PROOF OF INSURAKCI Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surence ¦t that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PannDOT of your address change by calling any of the phone numbers listed at the and of this letter. Opt-Out: Not Defined iu: 13MIQUIOLW rlum: %01000170/ VlNf/oo Il:ti ni royo i ur r 080236664520250 You APEE& the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the sail date, JANUARY 30, 2008, of this letter. It you file mn ap- peal in the County Court, the Court will give you a time- stamped certified oopy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail tot Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF sUBPINSION, Sincerely, 9 ?_U? Z g " Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8100 ¦.a. to 6100 o.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dsv.ststa.oa.us Opt-Out: Not Oefioed v = ` ' A : 0 111 DEB S 5 2008w BEINHAUR & CURCILLO Joseph A. Curcillo, III, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney ID# 44060 TYLER JAY TRANSUE V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 1150 Civil Tim LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this T? day oa-4?M2008 upon Petition of Tyler Jay Transue, a hearing is set on the License Suspension Appeal fortnel? day of2008, at )' o'clock t .m. in Courtroom Number , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BY THE COURT: J. Distribution: p,rothonotary's Office /George Kabusk, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St arrisburg, PA 171042516 L,,-"Joseph A. Curcillo, III, Esq., 3964 Lexington St., Harrisburg, PA 17109 ?P i Es m1a? Lam( a/2q?o? '-?l Cl : I 1 W 6Z 833 8001 TYLER JAY TRANSUE IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-1136 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING: Appellee : LICENSE SUSPENSION APPEAL ORDER AND NOW, this 16' day of July, 2008, the Court being satisfied that we are without authority to grant the relief requested, the within appeal from license suspension is DENIED. BY THE COURT, Joseph A. Curcillo, III, Esquire For the Appellant Philip Bricknell, Esquire For PennDOT :rlm ?bQ 6 S trYL? l Lk I 7/1Slo0 AHVi'J3 i "-d 3Hi JOl